42 U.S.C. § 12005 — Demonstration and commercial applica-

Page 8234 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12004 search, development, and demonstration pro- grams: the Biofuels Energy Systems Program, the Hydrogen Energy Systems Program, the Solar Buildings Energy Systems Program, the Marine Energy Systems Program, and the Geo- thermal Energy Systems Program— (1) not to exceed $113,000,000 for fiscal year 1991, of which— (A) not to exceed $19,000,000 shall be avail- able for the Geothermal Energy Systems Program; and (B) not to exceed $4,000,000 shall be avail- able for the Hydrogen Energy Systems Pro- gram; and (2) not to exceed $121,000,000 for fiscal year 1992, of which— (A) not to exceed $20,500,000 shall be avail- able for the Geothermal Energy Systems Program; and (B) not to exceed $5,000,000 shall be avail- able for the Hydrogen Energy Systems Pro- gram. Each of the President’s annual budget requests submitted to Congress after December 11, 1989, shall include as separate line items each of the categories of renewable energy programs de- scribed in this subsection. (Pub. L. 101–218, § 4, Dec. 11, 1989, 103 Stat. 1860; Pub. L. 102–486, title XII, § 1202(b), title XXI, § 2125(1)–(3), Oct. 24, 1992, 106 Stat. 2958, 3085; Pub. L. 116–260, div. Z, title III, § 3006(a)(1), Dec. 27, 2020, 134 Stat. 2511.) Editorial Notes AMENDMENTS 2020—Pub. L. 116–260, § 3006(a)(1)(A), substituted ‘‘alco- hol from biomass and other technology’’ for ‘‘wind, photovoltaics, and solar thermal’’ in section catchline. Subsec. (a). Pub. L. 116–260, § 3006(a)(1)(B)(ii)–(iv), re- designated pars. (4) and (5) as (1) and (2), respectively, in par. (2), as redesignated, substituted ‘‘Marine’’ for ‘‘Ocean’’, and struck out former pars. (1) to (3) which related to national goals for wind energy, photovoltaic energy, and solar thermal energy programs, respec- tively. Pub. L. 116–260, § 3006(a)(1)(B)(i), substituted ‘‘alcohol from biomass and other energy technology’’ for ‘‘wind, photovoltaics, and solar thermal energy’’ in introduc- tory provisions. Subsec. (c). Pub. L. 116–260, § 3006(a)(1)(C)(i), in intro- ductory provisions, struck out ‘‘the Wind Energy Re- search Program, the Photovoltaic Energy Systems Pro- gram, the Solar Thermal Energy Systems Program,’’ after ‘‘demonstration programs:’’ and substituted ‘‘Ma- rine’’ for ‘‘Ocean’’. Subsec. (c)(1). Pub. L. 116–260, § 3006(a)(1)(C)(ii), redes- ignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as fol- lows: ‘‘not to exceed $39,000,000 shall be available for the Photovoltaic Energy Systems Program;’’. Subsec. (c)(2). Pub. L. 116–260, § 3006(a)(1)(C)(iii), redes- ignated subpars. (B) and (C) as (A) and (B), respectively, and struck out form subpar. (A) which read as follows: ‘‘not to exceed $40,000,000 shall be available for the Pho- tovoltaic Energy Systems Program;’’. 1992—Subsec. (a)(4), (5). Pub. L. 102–486, § 1202(b)(1), added par. (4), redesignated former par. (4) as (5), and inserted ‘‘Biodiesel Energy Systems,’’ after ‘‘Biofuels Energy Systems,’’. Subsec. (c)(3). Pub. L. 102–486, § 2125(1)–(3), struck out par. (3) which read as follows: ‘‘not to exceed $124,000,000 for fiscal year 1993, of which— ‘‘(A) not to exceed $40,000,000 shall be available for the Photovoltaic Energy Systems Program; ‘‘(B) not to exceed $23,000,000 shall be available for the Geothermal Energy Systems Program; and ‘‘(C) not to exceed $6,000,000 shall be available for the Hydrogen Energy Systems Program.’’ § 12004. Energy efficiency authorizations There are authorized to be appropriated to the Secretary for the following energy efficiency re- search, development, and demonstration pro- grams: transportation, industrial, buildings and community systems, multi-sector, and policy and management— (1) not to exceed $201,100,000 for fiscal year 1991, of which— (A) not to exceed $68,300,000 shall be avail- able for the transportation program; and (B) not to exceed $53,500,000 shall be avail- able for the industrial program; and (2) not to exceed $210,600,000 for fiscal year 1992, of which— (A) not to exceed $71,000,000 shall be avail- able for the transportation program; and (B) not to exceed $54,700,000 shall be avail- able for the industrial program. (Pub. L. 101–218, § 5, Dec. 11, 1989, 103 Stat. 1862; Pub. L. 102–486, title XXI, § 2125(4)–(6), Oct. 24, 1992, 106 Stat. 3085.) Editorial Notes AMENDMENTS 1992—Par. (3). Pub. L. 102–486 struck out par. (3) which read as follows: ‘‘not to exceed $225,000,000 for fiscal year 1993, of which— ‘‘(A) not to exceed $73,900,000 shall be available for the transportation program; and ‘‘(B) not to exceed $56,900,000 shall be available for the industrial program.’’ § 12005. Demonstration and commercial applica- tion projects (a) Purpose The purpose of this section is to direct the Secretary to further the commercialization of renewable energy and energy efficiency tech- nologies through a five-year program. (b) Demonstration and commercial application projects (1) Establishment (A) The Secretary shall solicit proposals for demonstration and commercial application projects for renewable energy and energy effi- ciency technologies pursuant to subsection (c). Such projects may include projects for— (i) the production and sale of electricity, thermal energy, or other forms of energy using a renewable energy technology; (ii) increasing the efficiency of energy use; and (iii) improvements in, or expansion of, fa- cilities for the manufacture of renewable en- ergy or energy efficiency technologies. (B) REQUIREMENTS.—Each project selected under this section shall include at least one for-profit business. Activities supported under this section shall be performed in the United States. Each project under this section shall require the manufacture and reproduction sub- stantially within the United States for com- Page 8235 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12005 mercial sale of any invention or product that may result from the project. (2) Forms of financial assistance (A) In supporting projects selected under subsection (c), the Secretary may choose from among the forms of agreements described in section 13541 of this title. (B) In supporting projects selected under subsection (c), the Secretary may also enter into agreements with private lenders to pay a portion of the interest on loans made for such projects. (3) Cost sharing Cost sharing for projects under this section shall be conducted according to the procedures described in section 13542(b) and (c) of this title. (4) Advisory Committee (A) The Secretary shall establish an Advi- sory Committee on Demonstration and Com- mercial Application of Renewable Energy and Energy Efficiency Technologies (in this chap- ter referred to as the ‘‘Advisory Committee’’) to advise the Secretary on the development of the solicitation and evaluation criteria for projects under this section, and on otherwise carrying out his responsibilities under this section. The Secretary shall appoint members to the Advisory Committee, including at least one member representing— (i) the Secretary of Commerce; (ii) the National Laboratories of the De- partment of Energy; (iii) the Solar Energy Research Institute; (iv) the Electric Power Research Institute; (v) the Gas Research Institute; (vi) the National Institute of Building Sciences; (vii) the National Institute of Standards and Technology; (viii) associations of firms in the major re- newable energy manufacturing industries; and (ix) associations of firms in the major en- ergy efficiency manufacturing industries. Nothing in this subparagraph shall be con- strued to require the Secretary to reestablish the Advisory Committee in place under this subsection as of October 24, 1992, or to perform again any duties performed by such advisory committee before October 24, 1992. (B) Not later than 18 months after October 24, 1992, the Advisory Committee shall provide the Secretary with a report assessing the im- plementation of the program under this sec- tion, including specific recommendations for improvements or changes to the program and solicitation process. The Secretary shall transmit such report and, if any, the Sec- retary’s recommendations to the Congress. (c) Selection of projects (1) Solicitation (A) Not later than 9 months after October 24, 1992, the Secretary shall solicit proposals for projects under this section. The Secretary may make additional solicitations for pro- posals if the Secretary determines that such solicitations are necessary to carry out this section. (B) A solicitation for proposals under this paragraph shall establish a closing date for re- ceipt of proposals. The Secretary may, if nec- essary, extend the closing date for receipt of proposals for a period not to exceed 90 days. (C) Each solicitation under this paragraph shall include a description of the criteria, de- veloped by the Secretary, according to which proposals will be evaluated. In developing such criteria, the Secretary shall consider— (i) the need for Federal involvement to commercialize the technology or speed com- mercialization of the technology; (ii) the potential for the technology to have significant market penetration; (iii) the potential energy efficiency gains or energy supply contributions of the tech- nology; (iv) potential environmental improve- ments associated with the technology; (v) the export potential of the technology; (vi) the likelihood that the proposal is technically sufficient to achieve the objec- tive of the solicitation; (vii) the degree to which non-Federal fi- nancial participation is involved in the pro- posal; (viii) the business and financial history of the proposer or proposers; and (ix) any other factor the Secretary con- siders appropriate. (2) Project technologies Projects under this section may include the following technologies: (A) Conversion of cellulosic biomass to liq- uid fuels. (B) Ethanol and ethanol byproduct proc- esses. (C) Direct combustion or gasification of biomass. (D) Biofuels energy systems. (E) Photovoltaics, including utility scale and remote applications. (F) Solar thermal, including solar water heating. (G) Wind energy. (H) High temperature and low temperature geothermal energy. (I) Fuel cells, including transportation and stationary applications. (J) Nondefense high-temperature super- conducting electricity technology. (K) Source reduction technology. (L) Factory-made housing. (M) Advanced district cooling. (3) Project selection The Secretary shall, within 120 days after the closing date established under paragraph (1)(B), select proposals to receive financial as- sistance under this section. In selecting pro- posals under this paragraph, the Secretary shall— (A) consider each proposal’s ability to meet the criteria developed pursuant to paragraph (1)(C); and (B) attempt to achieve technological and geographic diversity. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary for carrying out this section $50,000,000 for fiscal year 1994. Page 8236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 12006 1 So in original. Probably should not be capitalized. (Pub. L. 101–218, § 6, Dec. 11, 1989, 103 Stat. 1863; Pub. L. 102–486, title XII, § 1202(a), Oct. 24, 1992, 106 Stat. 2956.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(4)(A), was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Renewable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. AMENDMENTS 1992—Pub. L. 102–486 amended section generally, sub- stituting provisions relating to demonstration and commercial application projects for renewable energy and energy efficiency technologies for provisions relat- ing to use of joint ventures to further commercializa- tion of renewable energy and energy efficiency tech- nologies. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See sections 1001(2) and 1013 of Title 5, Government Organization and Employees. § 12006. Reports (a) Report by Secretary One year after December 11, 1989, and annually thereafter, the Secretary shall report to Con- gress on the programs and projects supported under this chapter and the progress being made toward accomplishing the goals and purposes set forth in this chapter. (b) National renewable energy and energy effi- ciency management plan (1) The Secretary, in consultation with the Ad- visory Committee, shall prepare a three-year management plan to be administered and car- ried out by the Secretary in the conduct of ac- tivities under this chapter. (2) After opportunity for public comment and consideration, as appropriate, of such comment, the Secretary shall publish the plan. (3) In addition to describing the Secretary’s intentions for administering this chapter, the plan shall include a comprehensive strategy for assisting the private sector— (A) in commercializing the renewable energy and energy efficiency technologies developed under this chapter; and (B) in meeting competition from foreign sup- pliers of products derived from renewable en- ergy and energy efficiency technologies. (4) The plan shall address the role of federally- assisted research, development, and demonstra- tion in the achievement of applicable national policy goals of the National Energy Policy Plan required under section 7321 of this title and the plan developed under section 5905 of this title. (5) In addition, the Plan 1 shall— (A) contain a detailed assessment of pro- gram needs, objectives, and priorities for each of the programs authorized under section 12005 of this title; (B) use a uniform prioritization method- ology to facilitate cost-benefit analyses of pro- posals in various program areas; (C) establish milestones for setting forth specific technology transfer activities under each program area; (D) include annual and five-year cost esti- mates for individual programs under this chapter; and (E) identify program areas for which funding levels have been changed from the previous year’s Plan.1 (6) Within one year after October 24, 1992, the Secretary shall submit a revised management plan under this section to Congress. Thereafter, the Secretary shall submit a management plan every three years at the time of submittal of the President’s annual budget submission to the Congress. (c) Report on options As part of the first report submitted under subsection (a), the Secretary shall submit to Congress a report analyzing options available to the Secretary under existing law to assist the private sector with the timely commercializa- tion of wind, photovoltaic, solar thermal, biofuels, hydrogen, solar buildings, marine, geo- thermal, low-head hydro, and energy storage re- newable energy technologies and energy effi- ciency technologies through emphasis on devel- opment and demonstration assistance to specific technologies in the research, development, and demonstration programs of the Department of Energy that are near commercial application. (Pub. L. 101–218, § 9, Dec. 11, 1989, 103 Stat. 1868; Pub. L. 102–486, title XII, § 1202(c), (d)(5), title XXIII, § 2303(b), Oct. 24, 1992, 106 Stat. 2959, 2960, 3093; Pub. L. 116–260, div. Z, title III, § 3006(a)(2), Dec. 27, 2020, 134 Stat. 2512.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(1), (3), (5)(D), was in the original ‘‘this Act’’, meaning Pub. L. 101–218, Dec. 11, 1989, 103 Stat. 1859, known as the Re- newable Energy and Energy Efficiency Technology Competitiveness Act of 1989, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 12001 of this title and Tables. AMENDMENTS 2020—Subsec. (c). Pub. L. 116–260 substituted ‘‘ma- rine,’’ for ‘‘ocean,’’. 1992—Subsec. (a). Pub. L. 102–486, § 1202(d)(5), sub- stituted ‘‘and projects’’ for ‘‘, projects, and joint ven- tures’’. Subsec. (b)(1). Pub. L. 102–486, § 1202(c)(1), inserted ‘‘three-year’’ before ‘‘management plan’’. Subsec. (b)(4). Pub. L. 102–486, § 2303(b), inserted before period at end ‘‘and the plan developed under section 5905 of this title’’. Subsec. (b)(5), (6). Pub. L. 102–486, § 1202(c)(2), added pars. (5) and (6) and struck out former par. (5) which